Legal profession unites in support of barrister asked to return racist client’s instructions

instructions

Solicitors should refuse clients’ instructions if they are discriminatory, the Law Society has said after an Afghan-born woman barrister was asked to return her instructions because the client wanted “a white male barrister”.

On 7 November, Rehana Tepal of 10 King’s Bench Walk tweeted that a solicitor had asked her to return instructions because “the client has said he doesn’t want an Asian female but a white male barrister”. On sharing her experience, Popal was met with an outpouring of support from fellow lawyers, as well as anger that she had been discriminated against and that a solicitor had pandered to a client’s racist views.

The Solicitors Regulation Authority’s code of conduct states that solicitors must not discriminate unlawfully as they carry out their work and must provide services in a way “that respects diversity”.

The Law Society said that it could not comment on an individual case, but Andrew Walker QC, chair of the Bar, went further in urging solicitors to challenge clients who discriminate against barristers on the grounds of ethnicity, gender, sexuality or disability.

Walker said: “Discrimination against a barrister on the basis of a protected characteristic is completely unacceptable. The Bar Council is fully committed to supporting members of the Bar in tackling discrimination in all circumstances. As part of this, we take the issue of fair access to work extremely seriously and provide clear guidance for barristers and their clerks on dealing with discriminatory instructions.

“Instructions which seek to discriminate against barristers, whether on the grounds of gender, race, age or any other protected characteristic, must be refused…Wherever discrimination does arise, it must be challenged by all branches of the legal profession. The close working relationship between barristers, their clerks and solicitors means that no one should turn a blind eye.”